71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3573
 
                         House Bill 3339
 
Sponsored by Representative KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes State Health Officer to declare vaccine shortage
emergency or vaccine shortage crisis in certain circumstances.
Authorizes Health Division to establish procedures for addressing
vaccine shortages, to impose civil penalties in certain
circumstances and to delegate certain authority to local public
health administrators. Authorizes division to take title to and
redistribute supplies of vaccine under certain conditions.
Requires payment for vaccine obtained for purposes of vaccine
shortages.
 
                        A BILL FOR AN ACT
Relating to vaccine shortages.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 433.001 to 433.045. + }
  SECTION 2.  { + (1) As used in this section, 'vaccine' includes
vaccines, immune products and chemoprophylactic medications.
  (2) When the State Health Officer of the Health Division of the
Department of Human Services determines that there is clear
evidence that adverse health outcomes are expected from a
preventable and acute communicable disease vaccine shortage and
that intervention with the pattern of distribution and
administration of the vaccine is necessary, the health officer
may declare a vaccine shortage emergency or a vaccine shortage
crisis as provided in subsection (3) or (4) of this section.
  (3) A vaccine shortage emergency may be declared if:
  (a) Surveys by the Health Division determine, or the United
States Department of Health and Human Services informs the Health
Division that there is anticipated a 25 percent reduction in the
availability of the supply of a vaccine that is expected to last
at least two months; or
  (b) Epidemiologic surveillance shows an increase in cases of a
disease that is preventable by vaccination and information from
immunization providers documents a shortage of the vaccine.
  (4)(a) A vaccine shortage crisis may be declared if:
  (A) Surveys by the Health Division determine, or the United
States Department of Health and Human Services informs the Health
Division that there is anticipated a 50 percent reduction in the
availability of the supply of a vaccine that is expected to last
at least two months; or
 
  (B) Epidemiologic surveillance shows that there is, or that
there is reasonably expected to be, within two months a
significant increase in cases of a disease that is preventable by
vaccination in Oregon.
  (b) A vaccine shortage crisis declaration under this subsection
may be issued only after authorization by the Governor.
  (5) To establish procedures to protect the public health during
a vaccine shortage emergency or vaccine shortage crisis, the
Health Division shall adopt rules for:
  (a) Issuing guidelines for the distribution and administration
of vaccines. The guidelines shall include, but are not limited
to, defining high-risk groups eligible for priority treatment.
  (b) Imposing civil penalties, against individuals and
organizations that violate the guidelines, of $500 for an initial
violation and $1,000 for repeat violations.
  (c) Notifying appropriate professional regulatory boards of
repeated violations of the guidelines by professionals regulated
by a board.
  (d) Delegating authority to local public health administrators,
as authorized by ORS 431.150, to:
  (A) Conduct surveys;
  (B) Investigate complaints;
  (C) Coordinate the redistribution and administration of vaccine
on the local level; and
  (D) Impose civil penalties authorized under paragraph (b) of
this subsection. A person subject to a civil penalty imposed by a
local health administrator under this subparagraph shall be
afforded the opportunity for a proceeding to contest the fine
that is substantially equivalent to that provided by ORS 183.413
to 183.470.
  (6) In addition to the actions authorized under subsection (5)
of this section, during a vaccine shortage crisis the Health
Division may:
  (a) Take title to vaccine from pharmacies, hospitals, health
systems and other entities possessing a supply of vaccine in
quantities necessary to protect high-risk populations;
  (b) Obtain the assistance of district attorneys and of the
Attorney General, as authorized by ORS 431.150, to enforce
vaccine shortage guidelines; and
  (c) Mobilize state resources to assist in vaccine distribution
and administration in accordance with a plan outlined in the
declaration of the crisis.
  (7) The owner of vaccine obtained under this section shall be
reimbursed the price paid by the owner for the vaccine. If the
vaccine is redistributed, the agency receiving the vaccine for
administration shall pay for the vaccine received. If title is
taken to the vaccine and the vaccine is not redistributed, the
Health Division shall pay for the vaccine. + }
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